In this criminal revision, the Madurai Bench modified the conditions for interim custody of a seized vehicle. The court reduced the required personal bond amount and dispensed with the mandate for a Tahsildar's certificate.
Disposal of the certificate requirement by the Tahsildar and modifying the bond amount to Rs.90,000 plus two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 21.01.2014
CORAM:
THE HONOURABLE MRS.JUSTICE ARUNA JAGADEESAN
Crl.RC(MD)No.12/2014
Moorthy Petitioner
Vs
State by Sub Inspector of Police V.K.PUram, Tirunelveli District Respondent
Prayer:- This Criminal Revision Case is filed against the order dated 24.01.2013 made in Cr.MP.No.511/2013 by the learned Judicial Magistrate, Ambasamudram, Tirunelveli District.
For Petitioner : Mr.K.Prabhu For Respondent : Mrs.S.Prabha, GA
Order
This Criminal Revision Case is filed against the order dated 24.01.2013 made in Cr.MP.No.511/2013 by the learned Judicial Magistrate, Ambasamudram, Tirunelveli District, in and by which, the learned Judicial Magistrate, while giving interim custody of the vehicle involved in the offence in Cr.No.326/2012, directed the Petitioner to execute a personal bond for a sum of Rs.2 lakhs together with a certificate issued by the Tahsildar concerned along with two sureties each for a like sum of Rs.1/- lakh as a condition for releasing the Mini 407 Lorry bearing Reg.No.TN-72-Y1789.
2
Petitioner, the said condition is exorbitant and the Petitioner finds it difficult to comply with the same. Considering the facts and circumstances the case, I am of the considered view that the Petitioner can be directed to execute a personal bond for a sum of Rs.90,000/- along with two sureties each for a like sum as a condition precedent for return of the said vehicle and since the Petitioner has been directed to execute a personal bond as stated above, it would be sufficient safeguard for its production during the course of trial and therefore, the production of certificate issued by the Tahsildar required by the learned Judicial Magistrate can be dispensed with.
Sd/Assistant Registrar
/True Copy/
Sub-Assistant Registrar
To:
+One cc to Mr.K.Prabhu , Advocate, SR.No.3579
Srcm
RL/5 c- 10/2/2014
Crl.RC(MD)No.12/2014
21.01.2014
1 issue framed by the court
Whether the impugned order in the interim custody of a vehicle is liable to be modified as regards the amount in the personal bond and the requirement of the Tahsildar's certificate.
Moorthy
State
Aruna Jagadeesan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court